It can be easy to assume that a driver will always be at fault for a collision with a pedestrian. After all, the driver is in a large vehicle with great speed and power. They also have a better ability to react quickly to an emergency and are far less likely to be injured in a collision with a pedestrian.
Unfortunately for an injured pedestrian, this all has little to do with actually assigning blame following an accident. Instead, injured pedestrians in Metairie must prove that a driver was negligent and that their own actions did not contribute to the incident.
A Metairie pedestrian accident lawyer could help with this process. By working to examine the facts behind the case, understand the relevant laws, and demand appropriate compensation for their losses following the accident a detail-oriented personal injury attorney could help pedestrians move past traumatic accidents.
Pedestrian collisions with vehicles are rarely intentional. Because of this, a plaintiff must allege that the defendant was negligent. This negligence hinges upon the actions of both the driver and the pedestrian.
All drivers have a duty to protect pedestrians. This comes with the territory of being behind the wheel and can never be dropped or waived. Because of this, all drivers must take appropriate steps to protect pedestrians. This includes driving in a reasonable manner by not speeding, texting while driving, or running red lights, but also includes yielding to pedestrians in crosswalks.
Ultimately, determining fault in a pedestrian accident case is a balancing act. If a pedestrian crosses against a light, wears dark clothes at night, or walks out from between parked cars without looking, they may share some of the responsibility for the incident. A Metairie pedestrian accident lawyer could help injured pedestrians discover the evidence in the case and use that evidence to prove they were not responsible for their injuries.
The moment an accident occurs, a pedestrian needs to be aware of their rights and the steps an insurance company may take to mitigate their responsibility. When a pedestrian files a claim, the insurance company will conduct their own investigation into the incident. This will usually include talking to witnesses and visiting the scene to take pictures. Of course, plaintiffs can do the same. An attorney could help them with this time-intensive process.
In addition, an insurance company may attempt to shift blame for the incident onto the pedestrian. If they can demonstrate that the plaintiff was at least partially responsible for their injuries, they can limit or entirely negate their legal liability.
Finally, an insurance company may attempt to delay the case. This is because Louisiana law is very strict concerning when a court will hear a case that involves personal injury. Louisiana’s Civil Code §3492 says that a court will dismiss any claim unless the plaintiff files a complaint within one year of the date of injury. Insurance companies are aware of this law and may attempt to lengthen settlement talks in an attempt to run out the clock. A seasoned pedestrian accident lawyer in Metairie could help claimants know what to expect from the insurance company when filing a claim and counter these defense tactics.
The aftermath of a pedestrian accident could leave a person with life-threatening or permanent injuries. Even a relatively minor incident could require hospitalization and surgery. Despite the seriousness of the situation, the law will never assume that the driver is at fault. It is the responsibility of a plaintiff to demonstrate that the driver’s negligence caused the accident.
A Metairie pedestrian accident lawyer could help. They can work to gather the full scope of evidence, refute any allegations of contributory negligence, and demand full compensation for your losses. To learn more about how an attorney could help, call today.
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